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Full-Text Articles in Law

Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri Jan 2012

Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri

George Souri

In every state except New Mexico, marriage is a requirement for bringing a common law loss of consortium claim. Despite it's "bright line" appeal, the current standard is inherently flawed. By denying unmarried couples that are in serious and committed relationships the right to sue for loss of consortium, courts today are making the same mistake historical courts -- which did not allow wives o bring loss of consortium actions -- made: they are arbitrarily holding on to a set of outdated assumed premises about marriage and committed relationships, and employing a line of jurisprudence that leads to absurd conclusions …


Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri Jan 2012

Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri

George Souri

This paper examines the practical consequences of most courts' rational, rather than empirical, epistemology in the context of drug-sniffing dogs. Using the case of Florida v. Harris, this paper criticizes the unscientific attitude of many courts, and argues that, by employing a purely rational epistemology to justify the use of drug-sniffing dogs to establish probable cause, the Court impedes the Constitution's skepticism of, and protection from, arbitrary government intrusions. The paper concludes by proposing a new empirical standard based on the Daubert factors.


Heidegger And The Essence Of Adjudication, George Souri Jan 2011

Heidegger And The Essence Of Adjudication, George Souri

George Souri

This paper presents an account of adjudication based on the philosophy of Martin Heidegger. As this paper argues, we can only hope to better understand adjudication if we recognize that adjudication is a socio-temporally situated activity, and not a theoretical object. Heidegger’s philosophical insights are especially salient to such a project for several reasons. First, Heidegger’s re-conception of ontology, and his notion of being-in-the-world, provide a truer-to-observation account of how human beings come to understand their world and take in the content of experience towards completing projects. Second, Heidegger’s account of context, inter-subjectivity, and common understanding provide a basis upon …